Kendala Vidanapatiranage Wimalaseeli vs Wilbert Weerasnghe – CA NO: 254/98 F -2014

In the case between Kendala Vidanapatiranage Wimalaseeli (Appellant) and Wilbert Weerasnghe (Respondent), the court addressed the procedural issue of substituting heirs for several deceased defendant-respondents to enable the proper prosecution of an appeal. It was held that the consistent failure by the appellant to file substitution papers, despite being given multiple opportunities by the Court, resulted in the abatement of the appeal. This decision reaffirmed the principle that non-compliance with procedural requirements regarding parties to an action can result in the termination of appellate proceedings. The Court’s findings relied on procedural rules governing substitution and emphasized that the inability or failure to comply with mandatory procedures leads to dismissal of the appe